by Stacie Abraham
The deadline for manufacturers and importers to notify chemical substances as active under the TSCA Inventory Notification (Active-Inactive) Reporting Requirements Rule expired on February 7, 2018.
This Rule requires chemical manufacturers and importers to notify substances to the U.S. EPA that are on the TSCA Inventory and for which manufacture or import for non-exempt commercial purposes occurred at a U.S. site between June 21, 2006 and June 21, 2016. The purpose of this reporting is to designate these substances as active on the TSCA Inventory.
Pursuant to expiration of the deadline, EPA has indicated that they anticipate publishing a draft Inventory identifying active-inactive substances within approximately 60 days. Processors of substances that have not yet been identified as active have until October 5, 2018, to notify such substances as active to the EPA. It is important to note that persons who manufactured, imported, or processed a chemical substance on the confidential portion of the Inventory prior to June 22, 2016 must submit a request to EPA if they wish to maintain an existing confidentiality claim for the specific chemical identity of the substance.
Industry has reported difficulty in complying with the February 7, 2018 deadline due to issues with the mandatory electronic Central Data Exchange (CDX) reporting system, challenges in obtaining necessary information from upstream suppliers especially when confidential business information (CBI) is involved, and when coordinating submissions with non-U.S. suppliers who are not familiar with the TSCA requirement or the CDX system. An additional layer of complexity is introduced for mixtures where CBI is involved and cooperation is required from two or more entities.
The primary purpose of this reporting is to identify substances still active in commerce in order to better focus on the existing chemicals review program under TSCA Section 6. While this reporting deadline is a statutory requirement and thus cannot be extended, EPA is urging manufacturers and importers who missed the deadline to file as soon as possible, to facilitate the Agency’s ability to accurately designate substances as active or inactive on the TSCA Inventory.
Key points to consider for manufacturers and importers:
1. Are you certain that you have identified all reportable substances, and have met the February 7, 2018 reporting deadline?
2. Do you have substances for which you missed the reporting deadline?
3. Have you had difficulty obtaining required information from upstream suppliers, especially those outside of the U.S.?
4. Have you had difficulty using CDX?
5. Are you ready and able to file as soon as possible?
6. Are you aware of additional self-reporting actions potentially required if filing a late submission?
Key points to consider for processors:
1. Do you have the means to monitor and review the draft active-inactive inventory once it is published?
2. Are you able to identify your substances that have not yet been notified as active?
3. Are you registered in CDX, and are you familiar with the filing requirements and process?
4. Do you have the means to obtain necessary information from upstream suppliers, especially where CBI is concerned?
5. Will you be able to meet the October 5, 2018 reporting deadline?
If you need assistance with understanding and executing your compliance obligations under this reporting rule, and the potential impacts of not fulfilling them, our TSCA Experts would be pleased to assist you! Please contact us at email@example.com for assistance.